Terms and Conditions

Last updated: December 03, 2020

Please read these terms and conditions carefully before using Our Service.

1. Interpretation and Definitions

1.1 Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

1.2 Definitions

For the purposes of these Terms and Conditions:

  • Application means the software program provided by the Company downloaded by You on any electronic device, named Flowborne App
  • Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store), Google Inc. (Google Play Store) or Facebook Technologies, LLC. (Oculus Quest Store) in which the Application has been downloaded.
  • App Provider means a company that runs and controls an Application Store
  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
  • Country refers to Germany.
  • Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Vunderwelten - Blum & Rockstroh GbR, Oltmannsstr. 2, 79100, Freiburg, Germany.
  • Device means any device that can access the Service such as a computer, a cellphone, a digital tablet or a virtual reality headset.
  • Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
  • In-app Purchase refers to the purchase of a product, item, service or subscription made through the Application and subject to these Terms and Conditions and/or the Application Store's own terms and conditions.
  • Promotions refer to contests, sweepstakes or other promotions offered through the Service.
  • Service refers to the Application or the Website or both.
  • Terms and Conditions (also referred to as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
  • Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
  • Website refers to Flowborne Website, accessible from https://flowborne.com
  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

2. Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

If You access or download the Application from an Application Store via an App Provider, then You acknowledge that the Terms and Conditions of said App Provider shall apply in addition to these Terms. In case of conflicting rules, these Terms shall overrule those of the App Provider, unless otherwise specified. For use of Our Services via an Application, these Terms apply to the respective downloaded and installed version of the Application. The use of a newer version of the Application (e.g. an Application update downloaded via an Application Store) may require approval of the Terms specified in that version of the Application, provided the Terms have changed. We may change these Terms for future versions of the Application (more information on potential changes to the Terms can be found in the Concluding Remarks). In case of unaltered Terms, a continued use of the new version of the Application is regarded as a perpetuation of this contract. You may choose to refrain from updating the Application and instead continue using the previous version of the Application. Information on how to omit Application updates can be found in the conditions and information of the respective Application Store. We are not required and will not maintain older versions of the Application or facilitate a downgrade to an older version of the Application.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

3. Paid Services and In-app Purchases

The Application may include In-app Purchases that allow You to buy products, services or subscriptions. An In-app Purchase gives You a license to access and use only those additional features that are specified in the offering at the time of Your purchase, but not to any future features, if not explicitly stated otherwise. An In-app Purchase may take the form of a one-time-payment to unlock additional paid features. Those unlocked features as well as all other In-app Purchases can only be consumed within the respective Application.

More information about how You may be able to manage In-app Purchases using Your Device may be set out in the Application Store's own terms and conditions or in Your Device's help settings.

If any In-app Purchase is not successfully downloaded or does not work once it has been successfully downloaded, we will, after becoming aware of the fault or being notified of the fault by You, investigate the reason for the fault. We will act reasonably in deciding whether to provide You with a replacement In-app Purchase or issue You with a patch to repair the fault. In no event will We charge You to replace or repair the In-app Purchase. In the unlikely event that we are unable to replace or repair the relevant In-app Purchase or are unable to do so within a reasonable period of time and without significant inconvenience to You, We will authorize the Application Store to refund You an amount up to the cost of the relevant In-app Purchase. Alternatively, if You wish to request a refund, You may do so by contacting the Application Store directly.

The respective provider of an Application Store can influence the duration and termination of a paid Service. The Terms and Conditions of the respective Application Store apply. You acknowledge and agree that all billing and transaction processes are handled by the Application Store from where You downloaded the Application and are governed by that Application Store's own terms and conditions.

If You have any payment related issues with In-app Purchases, then You need to contact the Application Store directly.

We may run Promotions at any time for varying durations. We reserve the right to choose which users may take part in a Promotion. Any Promotions made available through the Service may be governed by rules that are separate from these Terms. If You participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

The Company reserves its right to alter its business model at any given time and to introduce new In-app Purchases or make certain or all Services only available to paying customers. You may choose to terminate your use of the Services or unlock the features via and In-app Purchase.

4. Right of Withdrawal

4.1 Withdrawal

You have the right to withdraw this contract within 14 days and without giving reasons. If You make an In-app Purchase, the Terms of the respective Application Store apply. You may not be able to cancel the Purchase after You have completed the purchase. In-app Purchases may not be redeemable for cash or other consideration or otherwise transferred. To exercise Your right of withdrawal, You must inform us of your decision to withdraw from this contract by an unequivocal written statement via email (hello@flowborne.com).

4.2 Effects of Withdrawal

If You withdraw from a contract with Us, We may be required to repay any payments made by You within 14 days of Our reception of Your withdrawal, by means of the same payment method used by You. The effects of withdrawal of an In-app Purchase made via an Application Store are ruled by said Application Store’s rights of withdrawal. As effect of withdrawal, You lose all rights licensed to You by Us effective immediately.

4.3 Withdrawal Form

You may use the following model withdrawal form, but it is not obligatory. Please email Your withdrawal to hello@flowborne.com.

Blum & Rockstroh GbR
Christoph Rockstroh
Oltmannsstr. 2
79100 Freiburg
Germany

E-mail: hello@flowborne.com

Hereby I withdraw the contract regarding the following Services:

Order date
Your name
Your address
Current date

5. End User License Agreement

Subject to Your compliance with these Terms, and your payment of applicable fees and In-app Purchase fees, the Company grants You a limited, non-exclusive, non-transferable, non-sublicensable license to download and make personal non-commercial use of the Application.

The Service contains or embodies copyrighted material, proprietary material or other intellectual property of the Company or its licensors. All rights and ownership in the Service remain with the Company or its licensors. The rights to download and use the Application are licensed to You and are not being sold to You, and You have no rights in them other than to use them in accordance with this License Agreement and our other Terms.

You agree that You will not and You will not assist or permit any third party to:

(a) Copy, store, reproduce, transmit, modify, alter, reverse-engineer, emulate, de-compile, or disassemble the Application in any way, or create derivative works of the Service;

(b) Use the Service or any part of it to create any tool or software product that can be used to create software applications of any nature whatsoever;

(c) Rent, lease, loan, make available to the public, sell or distribute the Service in whole or in part;

(d) Tamper with the Application or circumvent any technology used by the Company or its licensors to protect any content accessible through the Application;

(e) Circumvent any territorial restrictions applied to the Products; or

(f) Use the Products in a way that violates this License Agreement or the other Terms.

You may not make the Service available to the public. The Service is owned by the Company or its licensors and Your use of them must be in accordance with these Terms.

5.1 Additional Terms for Application Store Applications

If You accessed or downloaded the Application from the Apple App Store, then You agree to use the Application only: (i) on an Apple-branded product or device, owned or controlled by You, that runs iOS (Apple’s proprietary operating system software); and (ii) as permitted by the “Usage Rules” set forth in the Apple Store Terms of Service. The Application may be used or accessed by other accounts associated with You via Family Sharing or volume purchasing. If there are any conflicts between these Terms and the Apple Store Terms of Service, the Apple Store Terms of Service will apply.

If You accessed or downloaded the Application from an Application Store via an App Provider, then You acknowledge and agree that:

These Terms are concluded between You and the Company, and not with the App Provider, and that, as between the Company and the App Provider, the Company is solely responsible for the Application. The App Provider has no obligation to furnish any maintenance and support services with respect to the Application. In the event of any failure of the Application to conform to any applicable warranty, You may notify the App Provider and the App Provider will refund the purchase price for the Application to You (if applicable) and, to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the Application. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of an Application to conform to any warranty will be the sole responsibility of the Company. The App Provider is not responsible for addressing any claims You have or any claims of any third party relating to the Application or Your possession and use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. In the event of any third-party claim that the Application or Your possession and use of the Application infringes that third party’s intellectual property rights, the Company will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. The App Provider and its subsidiaries are third-party beneficiaries of these Terms as related to Your license of the Application, and, upon Your acceptance of the terms and conditions of these Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to Your license of the Application against You as a third party beneficiary thereof. You must also comply with all applicable third-party terms of service when using the Application. You agree to comply with all U.S. and foreign export laws and regulations to ensure that neither the Application nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.

6. Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

7. Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

8. Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of these Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 50 USD if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of these Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

9. Disclaimer

The information contained on the Service is for general information purposes only.

The Company assumes no responsibility for errors or omissions in the contents of the Service.

In no event shall the Company be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Service or the contents of the Service. The Company reserves the right to make additions, deletions, or modifications to the contents on the Service at any time without prior notice.

The Company does not warrant that the Service is free of viruses or other harmful components.

9.1 "AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

9.2 Medical Information Disclaimer

The information about health provided by the Service is not intended to diagnose, treat, cure or prevent disease. Products, services, information and other content provided by the Service, including information linking to third-party websites are provided for informational purposes only.

Information offered by the Service is not comprehensive and does not cover all diseases, ailments, physical conditions or their treatment.

Individuals are different and may react differently to different products. Comments made on the Service by employees or other users are strictly their own personal views made in their own personal capacity and are not claims made by the Company nor do they represent the position or view of the Company.

The Company is not liable for any information provided by the Service with regard to recommendations regarding supplements for any health purposes.

The Company makes no guarantee or warranty with respect to any products or services sold. The Company is not responsible for any damages for information or services provided even if the Company has been advised of the possibility of damages.

To the extent that You participate in any exercise featured in the Service, You represent and warrant that You are in adequate physical health to perform such activities and have no disability or condition that would make such exercises dangerous. You should consult a licensed physician prior to beginning or modifying any exercise program that You undertake, including breathing exercises, especially if You have a prior injury, a history of heart disease, high blood pressure, respiratory disease, impaired balance, other acute or chronic illness, or condition. You acknowledge that the Company has advised You of the necessity of doing so.

9.3 Fitness & Nutritional Information Disclaimer

The Service can offer health, fitness and nutritional information including, without limitation, advice and recommendation, that is provided solely as general education and informational purposes.

Use of the advice and information contained herein is at Your sole choice and risk. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. Always consult Your physician or healthcare provider before beginning any nutrition or exercise program, including breathing exercises.

If You choose to use this information and the exercises without prior consent of Your physician, You are agreeing to accept full responsibility for Your decisions and agreeing to hold harmless the Company.

9.4 External Links Disclaimer

The Service may contain links to external websites that are not owned, controlled, provided or maintained by or in any way affiliated with the Company.

Please note that the Company does not guarantee the accuracy, relevance, timeliness, or completeness of any information on these external websites.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

9.5 Your Feedback to Us Disclaimer

You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

9.6 Errors and Omissions Disclaimer

The information given by the Service is for general guidance on matters of interest only. Even if the Company takes every precaution to insure that the content of the Service is both current and accurate, errors can occur. Plus, given the changing nature of laws, rules and regulations, there may be delays, omissions or inaccuracies in the information contained on the Service.

The Company is not responsible for any errors or omissions, or for the results obtained from the use of this information.

9.7 Fair Use Disclaimer

The Company may use copyrighted material which has not always been specifically authorized by the copyright owner. The Company is making such material available for criticism, comment, news reporting, teaching, scholarship, or research.

The Company believes this constitutes a "fair use" of any such copyrighted material as provided for in section 107 of the United States Copyright law.

If You wish to use copyrighted material from the Service for Your own purposes that go beyond fair use, You must obtain permission from the copyright owner.

9.8 Views Expressed Disclaimer

The Service may contain views and opinions which are those of the authors and do not necessarily reflect the official policy or position of any other author, agency, organization, employer or company, including the Company.

Comments published by users are their sole responsibility and the users will take full responsibility, liability and blame for any libel or litigation that results from something written in or as a direct result of something written in a comment. The Company is not liable for any comment published by users and reserve the right to delete any comment for any reason whatsoever.

9.9 No Responsibility Disclaimer

The information on the Service is provided with the understanding that the Company is not herein engaged in rendering legal, accounting, tax, or other professional advice and services. As such, it should not be used as a substitute for consultation with professional accounting, tax, legal or other competent advisers.

In no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever arising out of or in connection with Your access or use or inability to access or use the Service.

9.10 "Use at Your Own Risk" Disclaimer

All information in the Service is provided "as is", with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose.

The Company will not be liable to You or anyone else for any decision made or action taken in reliance on the information given by the Service or for any consequential, special or similar damages, even if advised of the possibility of such damages.

10. Concluding Remarks

10.1 Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern these Terms and Your use of the Service, under exclusion of the UN Sales Convention (CISG). Your use of the Application may also be subject to other local, state, national, or international laws that might be beneficial to You and will apply.

10.2 Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

10.3 For European Union (EU) Users

If You are a European Union consumer, You will benefit from any mandatory provisions of the law of the country in which You are resident in.

10.4 United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

10.5 Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

10.6 Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

10.7 Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

10.8 Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time for important reasons (e.g. due to changes in jurisdiction, changes in legislation, unclear regulations within these Terms that need specification, or changes in crucial market conditions). In that case, we will notify You in an adequate way. If You use our Application, we will notify You after You have installed an updated version of the Application. You will be asked to agree to the updated Terms. To decline to accept these updated Terms, it is sufficient to refrain from using the updated version of the Application.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Website and the Service.

11. Contact Us

If You have any questions about these Terms and Conditions, You can contact Us by email: hello@flowborne.com